Florida's Law Against Loud Music in Vehicles Struck Down

Published: Thursday, December 13, 2012 at 2:10 p.m.

Last Modified: Thursday, December 13, 2012 at 2:10 p.m.

TALLAHASSEE | Florida's law telling drivers who blast their car stereos loudly to turn it down is an unconstitutional restriction of free-speech rights, the Florida Supreme Court ruled Thursday.

The decision will reverberate throughout the state in communities that have modeled local ordinances and restrictions on the state law.

In Thursday's ruling, based on two Pinellas County cases, the state's highest court upheld an opinion from the Lakeland-based 2nd District Court of Appeal that nullified the 2005 state law that allowed police officers to pull over motorists if their sound systems are "plainly audible" from 25 feet away.

"For the reasons set forth below, we affirm the Second District's declaration that the statute is invalid because it is an unreasonable restriction on the freedom of expression," Justice Jorge Labarga wrote in the majority opinion. "We also find that the statute is

unconstitutionally overbroad, but not unconstitutionally vague."

One of the faults of the law was that it did not apply "equally to music, political speech and advertising," Labarga wrote. The business and political sound systems were exempted from the law.

"For instance, business and political vehicles may amplify commercial or political speech at any volume, whereas an individual traversing the highways for pleasure would be issued a citation for listening to any type of sound, whether it is religious advocacy or music, too loudly," he wrote.

The state, which contended the law was aimed at improving highway safety, argued that the noise restriction on private vehicles was necessary since those vehicles were more "ubiquitous" than commercial or political vehicles.

But Labarga said that restriction went too far.

"Thus, we also find that the statute is unconstitutionally overbroad because it restricts the freedom of expression in a manner more intrusive than necessary," he wrote.

The justices, however, rejected the argument from Richard T. Catalano, a Pinellas County corporate lawyer who was pulled over for loudly playing a Justin Timberlake song on his car stereo, that the "plainly audible" standard was unconstitutionally vague.

The American Civil Liberties Union, which filed a brief in support of Catalano's challenge, praised the decision.

"We're not saying people should play their stereos so loudly it disturbs people," said Michael Barfield, chairman of the legal panel for the ACLU's Sarasota chapter. "But we're saying you should not favor one form of speech over another."

The ruling was essentially unanimous, although three justices — Charles Canady, Ricky Poston and Peggy Quince — concurred without offering opinions on why they might have differed with the reasoning of the decision.

<p>TALLAHASSEE | Florida's law telling drivers who blast their car stereos loudly to turn it down is an unconstitutional restriction of free-speech rights, the Florida Supreme Court ruled Thursday.</p><p>The decision will reverberate throughout the state in communities that have modeled local ordinances and restrictions on the state law.</p><p>In Thursday's ruling, based on two Pinellas County cases, the state's highest court upheld an opinion from the Lakeland-based 2nd District Court of Appeal that nullified the 2005 state law that allowed police officers to pull over motorists if their sound systems are "plainly audible" from 25 feet away.</p><p>"For the reasons set forth below, we affirm the Second District's declaration that the statute is invalid because it is an unreasonable restriction on the freedom of expression," Justice Jorge Labarga wrote in the majority opinion. "We also find that the statute is</p><p>unconstitutionally overbroad, but not unconstitutionally vague."</p><p>One of the faults of the law was that it did not apply "equally to music, political speech and advertising," Labarga wrote. The business and political sound systems were exempted from the law.</p><p>"For instance, business and political vehicles may amplify commercial or political speech at any volume, whereas an individual traversing the highways for pleasure would be issued a citation for listening to any type of sound, whether it is religious advocacy or music, too loudly," he wrote.</p><p>The state, which contended the law was aimed at improving highway safety, argued that the noise restriction on private vehicles was necessary since those vehicles were more "ubiquitous" than commercial or political vehicles.</p><p>But Labarga said that restriction went too far.</p><p>"Thus, we also find that the statute is unconstitutionally overbroad because it restricts the freedom of expression in a manner more intrusive than necessary," he wrote.</p><p>The justices, however, rejected the argument from Richard T. Catalano, a Pinellas County corporate lawyer who was pulled over for loudly playing a Justin Timberlake song on his car stereo, that the "plainly audible" standard was unconstitutionally vague.</p><p>The American Civil Liberties Union, which filed a brief in support of Catalano's challenge, praised the decision.</p><p>"We're not saying people should play their stereos so loudly it disturbs people," said Michael Barfield, chairman of the legal panel for the ACLU's Sarasota chapter. "But we're saying you should not favor one form of speech over another."</p><p>The ruling was essentially unanimous, although three justices — Charles Canady, Ricky Poston and Peggy Quince — concurred without offering opinions on why they might have differed with the reasoning of the decision.</p>